Liney v. Chestnut Motors, Inc.

Opinion by

Mr. Justice Eagen,

In this action of trespass, the lower court sustained preliminary objections to the complaint in the nature of a demurrer and dismissed the action. This appeal challenges the correctness of that order.

The pertinent pleaded facts are as follows:

The defendant operates an automobile sales agency and garage. About ten o’clock a.m. on the day involved, a customer’s automobile was delivered to the garage for repairs. The defendant’s employees allowed the automobile to remain outside the building, double- parked in the street and with the key in the ignition. About three…